Pelham, NH asked in Real Estate Law for Florida

Q: You My husband died and I need to know what's going to happen with my house, am I going to lose it? Who has to pay now?

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2 Lawyer Answers

A: You do not provide enough facts for a lawyer to give you adequate advice. Generally, if the property has a mortgage you have to pay the mortgage to avoid it being foreclosed on by the lender.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
  • Orlando, FL
  • Licensed in Florida

A: I am very sorry for you loss on the passing of your husband, please accept my condolences for you and your family and this difficult time. You will need to speak with a Florida Probate Attorney and provide additional information and details. Generally, the home (if it is homestead) usually will go to the surviving spouse, but you really need to discuss this further with a probate attorney, it is also important that any hoa fees, taxes and mortgage are paid if you intend to keep the property and want to live there moving forward. Generally, if the property is homestead you can also assume and take over any mortgage and continue paying it. It will be important to determine what type of probate is needed based on the type of assets and overall value of assets that have to go through probate.

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